Are You Ready For Small Claims
Court?
Find out if you can get compensated through small claims court
If you think you have a strong case for a small claims court, you should read the
following tips and suggestions to get a better idea of how the small claims system works.
1. There are different limits within each state for how much you can sue for in a
small claims court. The limit in New York, for instance, is three thousand dollars. Find out the limit for your
state so you can have a better idea of how much you can receive in compensation.
2. Which brings us to step two—before filing a case, you should decide whether it
is worth your time, money, and effort to take action. The court process will take at least five hours, and the
whole process will take about twenty five hours in total. There is also a ten dollar fee for taking someone to
court.
3. You must find the location and phone number of the right small claims
court.
4. You must call ahead to find out what materials to bring.
5. Serve a subpoena to the other party through the small claims court. You will
then be given a date for the court hearing. The subpoena will be delivered to the other party and they will be told
to show up at a certain day in court.
6. You can then show up at court on the hearing date with evidence and witnesses.
A calendar call will be read aloud and you should be ready to respond. If the other party does not respond, you
will have an inquest and will almost certainly be awarded the win. If you both respond, the case will go on to be
heard by the judge.
7. As you relate your case to the judge or arbitrator, don’t worry about knowing all the technical jargon—the judge
will know to ask relevant questions from both parties.
8. You should then wait for your judgment in the mail. The other party will also receive a copy of the judgment. If
you have won, make contact with the losing party to arrange the payment. If they do not pay after thirty days, you
can utilize other methods of collecting the money including freezing bank accounts, sheriff visits, and so
on.
9. As you proceed in your case, you should make sure to photocopy everything,
recording every document received and submitted.
10. Anticipate dirty tactics from your defendant. They might make excuses or take
up unnecessary amounts of your time. They might make you show up multiple times in court.
11. When offered a decent settlement, take it seriously, especially if it’s not worth your time to prolong the
dispute any longer.
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